dissenting.
The judicial history of OCGA § 33-34-5 (Code Ann. § 56-3404b) is not a happy or proud one. We have seen the interpretation of this statute fluctuate from strict to liberal, back to strict, and now, alas, back to liberal. See Jones v. State Farm Mut. Auto. Ins. Co., 156 Ga. App. 230 (274 SE2d 623) (1980); State Farm Mut. Auto. Ins. Co. v. Jones, certiorari unanimously dismissed, 248 Ga. 46 (280 SE2d 837) (1981); Atlanta Cas. Co. v. Flewellen, 164 Ga. App. 885 (300 SE2d 166) (1982) ; Flewellen v. Atlanta Cas. Co., 250 Ga. 709 (300 SE2d 673) (1983) .
We stated in Flewellen that “The purpose of the statute is to resolve conflicts which arise when an insured contends that he was not informed of his statutory right to optional benefits . . . the resolution of the issue will be to look to the policy to determine if there was reduction or rejection of those benefits in conformance with the statutory scheme.” (Emphasis supplied.) Flewellen, 250 Ga. 709, 714. It is my belief that the intent of the statute is to resolve the conflicts over whether there was an acceptance or rejection of coverage by looking to what the statute requires and not by resorting to a case-by-case determination of intent of the parties.
The majority would rely on the principle of substantial compliance. OCGA § 1-3-1 (c) (Code Ann. § 102-102). This is nothing less than a direct retreat from the position taken by this court one year ago in Flewellen.
OCGA § 1-3-1 (c) (Code Ann. § 102-102) provides: “A *472substantial compliance with any statutory requirement, especially on the part of public officers, shall be deemed and held sufficient, and no proceeding shall be declared void for want of such compliance, unless expressly so provided by law.” The majority now holds that insurance companies are not bound by strict adherence to the statutes governing their industry. The law provides that statutory provisions control insurance policies and if the policy is inconsistent with insurance law the statute will prevail. Nelson v. Southern Guaranty Ins. Co., 221 Ga. 804 (147 SE2d 424) (1966). The Georgia Motor Vehicle Accident Reparations Act, OCGA § 33-34-1 et seq. (Code Ann. § 56-3401b), clearly states that all policies and applications must meet the statutory requirements, OCGA § 33-34-3 (a) (Code Ann. § 56-3405b); OCGA § 33-34-5 (b) (Code Ann. § 56-3404b). To apply the principle of substantial compliance goes against precedent and public policy governing insurance law as well as the express language of the statute in question.
Flewellen stood for a clear rule to be followed based upon plain and unambiguous words of the statute. The result of Flewellen may have been harsh in some instances, but its burden could not be so great as that caused by the doubt and chaos which will be created in state and federal courts as a result of the imposition of a substantial compliance rule.
One of the more serious obligations placed upon the shoulders of a court of last resort is to insure the predictability of the law. The majority’s retreat to substantial compliance makes scant contribution to this cause. It is my view that this obligation can only be borne by adherence to the holding in Flewellen. For these reasons, I must respectfully dissent.
I am authorized to state that Justice Smith and Justice Gregory join in this dissent.